State prison overhaul yields mixed results in Santa Cruz County

SANTA CRUZ -- One year into a state prison overhaul that jolted California's criminal justice system, Santa Cruz County leaders have rolled out one of the most progressive plans in the state to try to reduce crime and the county's 70 percent rate of recidivism.

To relieve crowded state prisons, state law AB 109 mandated that nonviolent, nonserious and nonsex offender criminals would be sentenced to County Jail rather than state prison.

Sheriff Phil Wowak said he has tried to balance three aims: Keeping dangerous criminal off the streets, punishing them with adequate incarceration time and rehabilitating them to avoid re-offending.

The results of the first year have been multisided and complex. On Oct. 20, for instance, the American Civil Liberties Union commended the county Community Corrections Partnership for its "research-informed approach" to AB 109-related reforms and for placing money into 27 rehabilitation programs instead of expanding jail facilities.

Meanwhile, police leaders have blamed the new policies for misclassifying of violent criminals and an uptick in property crime. Although the old system of locking up criminals for minor offenses may not have reduced recidivism, at least they knew they couldn't commit more crime while they were incarcerated, police say.

"There are so many people on the street, and the jails are full; no one is willing to take them," said Santa Cruz detective police Sgt. Dave Perry. "Everywhere you go in the city is inundated with criminals; no property is safe. It gets to the point where there is a crook for every square inch. Something has to change."

WHAT'S CHANGED

There have been some significant changes in the past year.

Since October 2011, about 88 people have been sentenced to Santa Cruz County Jail who would have gone to prison.

County Probation also took on 128 people in the first year who previously would have been supervised by State Parole. They planned to hire at least eight more probation officers by the end of 2012, bringing it to a total of about 51 officers.

An inmate's average stay in County Jail lengthened from a month to more than 13 months.

About 200 people were given electronic monitors compared to none issued by the jail in the year prior.

The state doled out $1.6 million to the county for the first nine months of the program, which it split evenly between the Sheriff's Office, County Probation and treatment services.

This month, Sheriff Phil Wowak, County Probation Chief Scott MacDonald and other county leaders counted some successes in the first year -- such as a 99 percent compliance rate with the electronic monitors.

However, they said it was too early to tell whether it has been a success or failure. Wowak and Jim Hart, the county's chief deputy of corrections, said the changes were long overdue to chip away at the county's two-thirds recidivism rate.

"We were really warehousing and punishing and we were doing very little in the way of corrections," Wowak said of the County Jail system a year ago.

"My promise is that we're not just going to empty the jails for bed space, but create different treatment programs for the offender -- and part of it is punishment. Then there is the public safety piece and the corrective behavior piece. If all are balanced, then we believe that recidivism will drop," Wowak said.

Meanwhile, some police leaders have some serious reservations about the new rules.

At least anecdotally, they said some violent criminals slipped through the cracks and committed more crime.

ON THE STREET

Watsonville Police Chief Manny Solano estimated that 40 percent of the county's criminals being treated as nonviolent offenders do not fit that classification.

In most cases, that is because offenders are being classified as nonviolent based on their current conviction alone and not their entire criminal history, he said.

"This has been our biggest concern," said Solano. "In the first year, we've seen a 60/40 split with 60 percent being true non-, non-, non- and the remaining 40 percent not fitting that classification. With that said, probation is working closely with us in tracking down those who are noncompliant and keeping us abreast of the local realignment program."

Solano pointed to the recent arrest of Javier Zepeda Solis as an example of a person who was considered "nonviolent," yet was arrested after his release.

Solis, a 30-year-old from Watsonville, has six convictions for theft-related crimes, according to records. Because he admitted to a misdemeanor gang crime rather than a felony in his last plea agreement, he was considered nonviolent.

On Oct. 4, officers tried to stop his car. After he drove away at 80 mph armed with a gun, he broke into a Watsonville apartment where a teen girl was sleeping, officers said.

Solis was arrested on suspicion of evading police, being a felon in possession of a firearm, possession of stolen property, burglary and violating the terms of his post-release community supervision.

Charlie Baum, a Santa Cruz County assistant district attorney who prosecuted Solis' case, expressed similar concerns as police.

"The way realignment is working now, you can steal as many cars as you want and we can't send you to prison," Baum said. "And my concern with Solis is that his behavior has clearly escalated."

However, those who have a prior felony "strike" on their record, due to a serious felony conviction, can be sent to prison for a nonserious crime, prosecutors said.

Prosecutors also anticipate requesting more federal prosecution for some cases, including significant drug sales cases, as those prosecutions are not limited by the state's realignment regulations, Baum said.

Santa Cruz County Superior Court judges don't always feel like they have much discretion when it comes to sentencing even under realignment. They're allowed to authorize a jail sentence to be served via electronic monitoring or in some other way, but those decisions are ultimately left up to the Sheriff's Office, said Judge John Salazar.

Since October 2011, people sentenced to the County Jail have been evaluated by the members of a custody alternatives team to determine whether they are fit for jail alternatives such as electronic monitors and work release.

Responding to pushback from police, Wowak said Wednesday that each person in the jail who is considered for supervised release is done on a "case-by-case" basis.

"Our first concern is public safety. We consider what is their offense, their history, and if they are likely to succeed" in supervised release, Wowak said.

In Santa Cruz, some police leaders also have concerns about theft-related crimes. Property crimes have increased 7 percent in the first 10 months of this year compared to the same period last year.

They blame the state prison overhaul -- although it's unclear if that is directly related.

"The sheriff is doing the best job possible with the hand he has been dealt," said Santa Cruz Deputy Police Chief Steve Clark.

On the other hand, he said, "I can tell you anecdotally that officers have noticed more of a presence by probationers and parolees who normally would be in custody. At least when they are in custody we know they can't be victimizing more people."

Deborah Elston, who heads the successful crime-prevention group Santa Cruz Neighbors, said she is concerned that repeat offenders of nonserious crimes will not be held accountable.

"These are the things that directly affect a neighborhood," Elston said. "They may be nonviolent but they directly affect quality of life. And the idea that there are no real consequences raises the hairs on the back of my neck."

Elston said she does not believe there are programs in place to handle those who have long made a living by selling drugs or stealing. Whether they get in place, and are effective, remains to be seen.

West Cliff Drive resident Kathy Cummins has lived in Santa Cruz since 1970.

At a Santa Cruz Neighbors meeting this week, she expressed concerns that crime would increase as an unintended consequence of the new prison policy.

"I already think we have seen a rise in crime. We need to address it. We can't just ignore it; it's here."

Santa Cruz County District Attorney Bob Lee shares some of their concerns.

While he supports more funding for substance abuse and educational training, his concern is that drug dealers aren't getting sufficient punishment.

"One of the weaknesses of AB109 is that as a practical matter it reduces the confinement for those who should be imprisoned," he said. "Any drug dealer no matter how many times he has been previously convicted of dealing methamphetamine, heroin or cocaine, now, due to AB109, cannot be confined to state prison. No matter how large the quantities."

One beneficiary from AB109 sentencing was Santa Cruz former professional surfer Anthony Ruffo, who was released from jail Wednesday after serving eight months.

In December 2011, Ruffo pleaded no contest to possession of drugs for sale, being under the influence of drugs and being a felon in possession of a stun gun after a raid on his Laurel Street home. Ruffo had was convicted of selling meth in 2005, according to court records.

Had he been sentenced before October 2011, Judge Paul Marigonda said he likely would have faced prison time.

He is now on probation and wears an electronic monitor. Ruffo spoke to a Santa Cruz Neighbors meeting this week at the Santa Cruz Police Department with Sheriff Wowak.

"I'm very thankful I'm not in San Quentin" (State Prison,) Ruffo said. "My actions in my past have done some damage."

PROBATION AND POST-RELEASE

With about 2,500 people on probation in the county, County Probation expects to add at least eight more probation officers to the roughly 44 it has now.

Because some probationers require more attention than others, caseloads are not divided equally among the officers.

Gina Castaneda, a probation officer, said some officers were stretched by expanding their caseloads. She hoped they could work more closely each probationer and continue to offer them resources to find jobs and kick addictions.

Castaneda added that finding incentives were important in reducing recidivism.

"Nobody's talking about that," she said.

About 125 probationers on "post-release community supervision" previously would have been supervised by State Parole.

Some inmates not eligible for post-release community supervision remain supervised by State Parole -- including people convicted of certain violent or serious felonies, high-risk sex offenders and some offenders with mental health problems.

Post-release community supervision can last up to three years. An inmate can get off this supervision earlier if he or she: has served six consecutive months on post-release community supervision with no violations of the conditions and the supervising agency recommends discharge or has served one year on post-release community supervision with no violations.

Of those released on post-release community supervision, 79 percent are free of any new arrests or convictions, MacDonald said.

The Probation Department has started working with inmates before they are released to county supervision to make a more seamless transition, by ensuring they know how to obtain services once they're out.

"No one has a silver bullet to stop crime," MacDonald said. "We are confident that we will do a better job and you will see less recidivism as long as we are able to continue to implement this."

Still, District Attorney Lee has concerns about those being placed on post-release community supervision. Their most recent prison sentence may have been for a nonserious, nonviolent and non-sexual offense, but "we are finding that doesn't mean that a large percentage of these individuals who are being released in our community don't have a prior conviction that include serious, violent and sexual offenses," Lee said.

HOW WE GOT HERE

Triggered by a 2011 U.S. Supreme Court ruling to reduce crowding at state prisons, state law AB109 essentially shifted the state's new nonviolent, nonserious, nonsex offender criminals to county lockups.

Each county in the state formed a Community Corrections Partnership to manage the changes and channel the state money funneled into the county.

From Oct. 1, 2011 to June 30, 2012, the county received $1.6 million from the state. The money was split evenly between County Probation, the Sheriff's Office and treatment programs.

Specifically, McDonald said, the money for the Sheriff's Office was aimed at building up the alternatives to incarceration for low-level offenders.

In the 12 months since the program started, the county's Main Jail has remained crowded.

The County Jail -- which includes the Main Jail, Rountree Detention Center and Blaine Street Women's Facility -- had an average population of 501 in September 2011. In September 2012, the average was 471 inmates. The three facilities are rated to hold 448 inmates total.

While leaders in other counties discussed building larger jails or improving old ones, such as in Monterey County, Santa Cruz County leaders a year ago discussed expanding "evidence-based programs" for anger management and substance abuse prevention -- two root causes of crime. They hope to institute more of those at Rountree Detention Center this year.

An overarching goal has been to balance public safety by locking up the most serious criminals while allowing "custody alternatives" such as electronic monitors.

Those changes have left authorities at Main Jail to deal with more serious criminals who often have been sentenced to longer terms.

In the second year of funding, which started July 1, the county expects to receive about $5.2 million. About $200,000 went to administration for the Community Correctives Partnership, which includes staffing, data collection and other services.

The other $5 million is again being split evenly among the three groups. The Sheriff's Office will spend on alternative incarceration initiatives. County Probation's spending included hiring about seven officers by November to handle its new probationers.

Community treatment programs include drug and alcohol treatment, education programs for inmates to earn high school diplomas and job training programs.

FUTURE PLANS

For Sheriff Wowak and probation chief MacDonald, the best lens for the prison overhaul is the long view.

Convicted criminals who would have gone to state prison are now in County Jail. They are closer to their homes, families, jobs and support network -- and they might have a better chance of staying out of trouble once they get out.

While they are in custody, Wowak and Hart said they want inmates to be productive rather than sit in a cell.

The Watsonville Rountree Detention Center now has a medium security wing and a separate, minimum security wing that has vacant rows of bunk beds.

This year, Wowak wants to start a phased remodel of Rountree's vacant minimum security facility to transform it into an adult school. He wants classes in substance abuse prevention and anger management.

"If you have 150-200 men doing 24 months in custody, have them work on a (general educational development) diploma" or job training, Wowak said.

Rountree once had an auto body shop to train inmates, but it was expensive and ineffective, leaders said. They are now looking at programs in small engine repair, bicycle repair and culinary programs.

Hart, the chief deputy of corrections, said many of the long-term inmates are "sophisticated criminals" who have done prison time.

"They're street smart and they're here for a long time," he said. "I want life skills training. I don't want someone sitting around."

88 inmates sentenced to Santa Cruz County Jail rather than state prison.

95 percent of those inmates served sentences for crimes related to theft, drugs or alcohol.

The average stay in County Jail was about 13 months, compared with 1 month in the year prior.

About 200 people have received electronic monitors through the jail. In the year prior, the jail had no electronic monitors and only County Probation issued them.

Of the roughly 128 state prison parolees that County Probation has overseen since October 2011, 22 percent of them have been arrested or convicted of new crimes.

SOURCE: Santa Cruz County Sheriff's Office

PRISON OVERHAUL PRIMER

WHAT: Triggered by a U.S. Supreme Court case that essentially mandated fewer inmates at overcrowded California prisons, state law AB109 shifted the incarceration of new nonviolent, noneserious and non-sex offender criminals to county jails. Also, some inmates who had been on State Parole are now supervised by County Probation.WHEN: Started in October 2011HOW: Each county formed a community corrections partnership to decide how to spend state money from the bill and how to handle the new inmates and probationers. Some counties upgraded jails to house more inmates, but Santa Cruz County's approach has been to allow qualifying low-level offenders to be released with devices such as electronic monitors to make room for more serious criminals at County Jail. Sheriff Phil Wowak has tried to balance three aims: Keeping dangerous criminal off the streets, punishing them with adequate incarceration time and rehabilitating them to avoid re-offending. WHY: The county aims to reduce its 70 percent recidivism rate, which is gauged in a 3-year period.